Hummel v. New York Central Railroad

The appellant brought this action against the appellees to recover for the alleged wrongful death of one Samuel U. Hummel. The appellant introduced her evidence and rested. The appellees thereupon rested ■without offering evidence. On their motion the court directed a verdict in favor of appellees (defendants) and the correctness of that ruling is challenged here.

The evidence discloses that at a point in Vigo County where the appellee company’s double track railroad ran in a northeasterly and southwesterly direction, it was intersected by a public highway known as the Haythorne Road, which…